Most say odds against parole for Kennedy cousin in death of Moxley

Updated 10:05 am, Wednesday, October 24, 2012

Michael Skakel, right, and attorney Hope Seeley, left, during a hearing at state Superior Court in Stamford, Conn. on Monday, April 23, 2007 to determine if Michael Skakel can get a new trial in his 2002 conviction for the 1975 murder of Martha Moxley in Greenwich, Conn. /Staff photo less

Michael Skakel, right, and attorney Hope Seeley, left, during a hearing at state Superior Court in Stamford, Conn. on Monday, April 23, 2007 to determine if Michael Skakel can get a new trial in his 2002 ... more

Martha Moxley, shown in this undated photo was found bludgeoned to death with a golf club on her family's estate in Greenwich, Conn in 1975. Her neighbor, Michael Skakel was convicted June 7, 2002, in the 1975 murder and is serving a prison sentence of 20 years to life. less

Martha Moxley, shown in this undated photo was found bludgeoned to death with a golf club on her family's estate in Greenwich, Conn in 1975. Her neighbor, Michael Skakel was convicted June 7, 2002, in the 1975 ... more

Photo: File Photo

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Connecticut state Supreme Court Justice Richard Palmer, center, questions attorneys at the Connecticut Supreme Court in Hartford, Conn., Thursday, March 26, 2009 as the court hears arguments as to why they should throw out Michael Skakel's conviction on murder charges in the 1975 death of 15-year-old Martha Moxley in Greenwich, Conn. From left are: Justice Peter Zarella, Palmer, Justice Joette Katz, who presided. less

Connecticut state Supreme Court Justice Richard Palmer, center, questions attorneys at the Connecticut Supreme Court in Hartford, Conn., Thursday, March 26, 2009 as the court hears arguments as to why they ... more

As Michael Skakel, right, covers his face during a tense moment in testimony, defense attorney Hubert Santos questions author Len Levitt about the book Levitt wrote concerning the Moxley murder. Action at the Skakel trial. less

As Michael Skakel, right, covers his face during a tense moment in testimony, defense attorney Hubert Santos questions author Len Levitt about the book Levitt wrote concerning the Moxley murder. Action at the ... more

Photo: File Photo

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Michael Skakel wipes tears from his eyes as Cliff Grubin takes the witness stand Tuesday, April 24, 2007, in Stamford Superior Court in Stamford, Conn., during the Skakel's appeal of his conviction in the 1975 murder of Martha Moxley in Greenwich, Conn. Skakel attended a reformatory school where he met Grubin. less

Michael Skakel wipes tears from his eyes as Cliff Grubin takes the witness stand Tuesday, April 24, 2007, in Stamford Superior Court in Stamford, Conn., during the Skakel's appeal of his conviction in the 1975 ... more

Photo: File Photo

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Robert F. Kennedy, Jr. speaks to the press after testifying in a hearing for his cousin, Michael Skakel, at Stamford, Conn., Superior Court, Tuesday, April 17, 2007. Michael Skakel who was convicted in 2002 for the 1975 murder of Martha Moxley, is seeking a new trial. less

Robert F. Kennedy, Jr. speaks to the press after testifying in a hearing for his cousin, Michael Skakel, at Stamford, Conn., Superior Court, Tuesday, April 17, 2007. Michael Skakel who was convicted in 2002 ... more

Photo: File Photo

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Kennedy cousin Michael Skakel , convicted in the murder of Martha Moxley was at one time a high-profile inmate at the Garner Correctional Institution in Newtown, CT.

Kennedy cousin Michael Skakel , convicted in the murder of Martha Moxley was at one time a high-profile inmate at the Garner Correctional Institution in Newtown, CT.

Photo: File Photo

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Dorthy and John Moxley stand together to give a statement after a guilty verdict in the murder trial of Martha Moxley. "This day is for Martha" said Dorthy after waiting 27 years for this verdict.

Dorthy and John Moxley stand together to give a statement after a guilty verdict in the murder trial of Martha Moxley. "This day is for Martha" said Dorthy after waiting 27 years for this verdict.

Photo: File Photo

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Michael Sherman addresses the media after a guilty verdict in the Martha Moxley murder trial. He is flanked by David Skakel, on left, and Steven Skakel, on right, two of Michael Skakel's brothers.

Michael Sherman addresses the media after a guilty verdict in the Martha Moxley murder trial. He is flanked by David Skakel, on left, and Steven Skakel, on right, two of Michael Skakel's brothers.

Photo: File Photo

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Kris Steele walks down the steps of the courthouse with Michael Skakel during the trial. Steele Skakel's bodyguard during the trial.

Kris Steele walks down the steps of the courthouse with Michael Skakel during the trial. Steele Skakel's bodyguard during the trial.

Photo: File Photo

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Author and Vanity Fair reporter Dominick Dunne leaves the court house during lunch break for the first day of jury selection.

Author and Vanity Fair reporter Dominick Dunne leaves the court house during lunch break for the first day of jury selection.

Photo: File Photo

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Dorthy Moxley (right) and her son John Moxley, addressing the press after today's court session at the Skakel/Moxley trial.

Dorthy Moxley (right) and her son John Moxley, addressing the press after today's court session at the Skakel/Moxley trial.

Photo: Mel Greer, GT

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Dorthy Moxley, left, smiles as she answers questions just after Michael Skakel was found guilty of the murder of Moxley's daughter, Martha. At right is Moxley's son, John Moxley.

Dorthy Moxley, left, smiles as she answers questions just after Michael Skakel was found guilty of the murder of Moxley's daughter, Martha. At right is Moxley's son, John Moxley.

Photo: File Photo

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Dorthy Moxley, right, shakes hands with a law officer just before driving away from Superior Court in Norwalk for the final time after Michael Skakel was found quilty of the murder of Moxley's daughter, Martha Moxley 27 years ago in Greenwich. less

Dorthy Moxley, right, shakes hands with a law officer just before driving away from Superior Court in Norwalk for the final time after Michael Skakel was found quilty of the murder of Moxley's daughter, Martha ... more

Photo: File Photo

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Michael Skakel, center, leaves Superior Court in Norwalk during an afternoon break in his murder trial. He is on trail for the in the murder of Martha Moxley.

Michael Skakel, center, leaves Superior Court in Norwalk during an afternoon break in his murder trial. He is on trail for the in the murder of Martha Moxley.

Photo: File Photo

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The media crowd outside the Stamford Criminal Court at the Michael Skakel arraignment.

The media crowd outside the Stamford Criminal Court at the Michael Skakel arraignment.

Photo: File Photo

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Martha Moxley's mother, Dorthy Moxley, looks up at John Moxley , Martha's brother, as they talked to reporters outside the Connecticut state Supreme Court in Hartford, Conn., Thursday, March 26, 2009 as they talked to reporters. They had attended as session of the court where arguments were presented as to why the 2002 conviction of Michael Skakel on murder charges in connection with the 1975 death of 15-year-old Martha Moxley should or should not be thrown out. less

Martha Moxley's mother, Dorthy Moxley, looks up at John Moxley , Martha's brother, as they talked to reporters outside the Connecticut state Supreme Court in Hartford, Conn., Thursday, March 26, 2009 as they ... more

Dorthy Moxley, mother of Martha Moxley, listens to testimony during a hearing at state Superior Court in Stamford, Conn. on Monday, April 23, 2007 to determine if Michael Skakel can get a new trial in his 2002 conviction for the 1975 murder of Martha Moxley in Greenwich, Conn. less

Dorthy Moxley, mother of Martha Moxley, listens to testimony during a hearing at state Superior Court in Stamford, Conn. on Monday, April 23, 2007 to determine if Michael Skakel can get a new trial in his 2002 ... more

Photo: File Photo

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Judge Edward Karazin, Jr., refers to a documentduring a hearing at state Superior Court in Stamford, Conn. on Monday, April 23, 2007 to determine if Michael Skakel can get a new trial in his 2002 conviction for the 1975 murder of Martha Moxley in Greenwich, Conn. less

Judge Edward Karazin, Jr., refers to a documentduring a hearing at state Superior Court in Stamford, Conn. on Monday, April 23, 2007 to determine if Michael Skakel can get a new trial in his 2002 conviction for ... more

Photo: File Photo

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Michael Sherman testifies about his role as Michael Skakel's former defense attorney at Superior Court in Stamford, Conn., Friday, April 20, 2007.

Michael Sherman testifies about his role as Michael Skakel's former defense attorney at Superior Court in Stamford, Conn., Friday, April 20, 2007.

Photo: File Photo

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Michael Sherman, MIchael Skakel's former defense attorney, testifies about actions he took while building a defense for Skakel at Superior Court in Stamford, Conn., Friday, April 20, 2007.

Michael Sherman, MIchael Skakel's former defense attorney, testifies about actions he took while building a defense for Skakel at Superior Court in Stamford, Conn., Friday, April 20, 2007.

Photo: File Photo

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Vanity Fair magazine's photographer Harry Benson, left, known for his famous photo of The Beatles pillow fighting in a hotel room, takes a portrait of author Dominick Dunne outside the courthouse.

Vanity Fair magazine's photographer Harry Benson, left, known for his famous photo of The Beatles pillow fighting in a hotel room, takes a portrait of author Dominick Dunne outside the courthouse.

Photo: File Photo

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Dorthy Moxley, mother of Martha Moxley, right, looks back while her son John speaks to the media outside court after a sentence review hearing for Michael Skakel in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel is seeking a reduction in his sentence of 20 years to life in prison for killing his neighbor Martha Moxley.

Dorthy Moxley, mother of Martha Moxley, right, looks back while her son John speaks to the media outside court after a sentence review hearing for Michael Skakel in Middletown, Conn., Tuesday, Jan. 24, 2012.

Michael Skakel, left, addresses the court with attorney his Hubert Santos in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel was seeking a reduction in his sentence of 20 years to life in prison for killing his neighbor Martha Moxley. (AP Photo/Jessica Hill, Pool)

Michael Skakel, left, addresses the court with attorney his Hubert Santos in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel was seeking a reduction in his sentence of 20 years to life in prison for killing

Michael Skakel is pulled through the media crowd by a deputy sheriff, on his way to Superior Court in Stamford on June 21, 2000, after he surrendered to police and was charged with murdering 15-year-old Martha Moxley in 1975.

Michael Skakel is pulled through the media crowd by a deputy sheriff, on his way to Superior Court in Stamford on June 21, 2000, after he surrendered to police and was charged with murdering 15-year-old Martha

State prosecutor Susann Gill speaks during a sentencing review hearing for Michael Skakel in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel is seeking a reduction in his sentence of 20 years to life in prison for killing his neighbor Martha Moxley. (AP Photo/Jessica Hill, Pool)

State prosecutor Susann Gill speaks during a sentencing review hearing for Michael Skakel in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel is seeking a reduction in his sentence of 20 years to life in

Dorthy Moxley in the dining room of her Chatham, N.J., home, with a painting of her daughter, Martha, in the background Jan. 25, 2000. Martha Moxley was murdered in 1975 in the Belle Haven section of Greenwich. Her neighbor at the time, Michael Skakel, was charged with the crime and was found guilty in 2002.

Dorthy Moxley in the dining room of her Chatham, N.J., home, with a painting of her daughter, Martha, in the background Jan. 25, 2000. Martha Moxley was murdered in 1975 in the Belle Haven section of Greenwich.

Dorthy Moxley enters the Norwalk courthouse June 4, 2002, to wait for the jury's decision in the Michael Skakel murder trial. Skakel was found guilty of the murder of Greenwich neighbor Martha Moxley, Dorthy's daughter, in 1975. less

Dorthy Moxley enters the Norwalk courthouse June 4, 2002, to wait for the jury's decision in the Michael Skakel murder trial. Skakel was found guilty of the murder of Greenwich neighbor Martha Moxley, Dorthy's ... more

Photo: Andrew Sullivan, ST

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Michael Skakel leaving arraignment at Stamford court March 14, 2000. The Kennedy cousin was convicted in 2002 for murdering his 15-year-old neighbor Martha Moxley in Greenwich in 1975. He was sentenced to 20 years to life in prison. He maintains his innocence to this day and continues to overturn his sentence. less

Michael Skakel leaving arraignment at Stamford court March 14, 2000. The Kennedy cousin was convicted in 2002 for murdering his 15-year-old neighbor Martha Moxley in Greenwich in 1975. He was sentenced to 20 ... more

Photo: Mark Conrad, ST

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Michael "Mickey" Sherman, defense attorney for Michael Skakel, addresses the media after resting his case May 28, 2002. A vibrant personality from Greenwich, Sherman suffered a series of defeats as the lead defense attorney. He was unable to block the transfer of Skakel's case from juvenile court to adult court, and lost his attempt to have the case thrown out on the grounds of the statute of limitations, all leading up to Skakel's conviction. He is not a part of Skakel's ongoing appeals process. At one time a frequent legal analyst on cable television talk shows, in June 2010 Sherman pleaded guilty for failing to pay more than $1.1 million in federal taxes and was sent to prison. He has since been released. less

Michael "Mickey" Sherman, defense attorney for Michael Skakel, addresses the media after resting his case May 28, 2002. A vibrant personality from Greenwich, Sherman suffered a series of defeats as the lead ... more

Photo: Andrew Sullivan, ST

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Michael Skakel, left, is escorted by court officials from the Norwalk courthouse Aug. 28, 2002, after being sentenced for the beating death of Martha Moxley in 1975 when they were 15 years old. (AP Photo/Beth A. Keiser, File) less

Michael Skakel, left, is escorted by court officials from the Norwalk courthouse Aug. 28, 2002, after being sentenced for the beating death of Martha Moxley in 1975 when they were 15 years old. (AP Photo/Beth ... more

Photo: Beth A Keiser, Greenwich Time

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Michael Skakel, right, is shown to his seat by a judicial marshal, left, in court in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel is seeking a reduction in his sentence of 20 years to life in prison for killing his neighbor Martha Moxley in Greenwich. (AP Photo/Jessica Hill, Pool)

Michael Skakel, right, is shown to his seat by a judicial marshal, left, in court in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel is seeking a reduction in his sentence of 20 years to life in prison for

Michael Skakel sits in court in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel is seeking a reduction in his sentence of 20 years to life in prison for killing his neighbor Martha Moxley in Greenwich. (AP Photo/Jessica Hill, Pool)

Michael Skakel sits in court in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel is seeking a reduction in his sentence of 20 years to life in prison for killing his neighbor Martha Moxley in Greenwich. (AP

Michael Skakel addresses the court in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel is seeking a reduction in his sentence of 20 years to life in prison for killing his neighbor Martha Moxley in Greenwich. (AP Photo/Jessica Hill, Pool)

Michael Skakel addresses the court in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel is seeking a reduction in his sentence of 20 years to life in prison for killing his neighbor Martha Moxley in Greenwich.

Michael Skakel, left, is hushed by his attorney Hubert Santos, right, after speaking out of turn in court in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel is seeking a reduction in his sentence of 20 years to life in prison for killing his neighbor Martha Moxley in Greenwich. (AP Photo/Jessica Hill, Pool)

Michael Skakel, left, is hushed by his attorney Hubert Santos, right, after speaking out of turn in court in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel is seeking a reduction in his sentence of 20 years

Dorthy Moxley, mother of Martha Moxley, right, is embraced by a friend outside court after a sentence review hearing for Michael Skakel in Middletown, Conn., Tuesday, Jan. 24, 2012. Skakel is seeking a reduction in his sentence of 20 years to life in prison for killing his neighbor Martha Moxley in Greenwich. (AP Photo/Jessica Hill)

In this May 2002 file photo, Michael Skakel, right, enters the Norwalk Superior Court with his lawyer, Michael Sherman. Skakel will appear before a three-judge panel in Middletown to seek a reduction in his sentence of 20 years to life in prison for killing his neighbor Martha Moxley when they were teenagers in 1975. Skakel has called Sherman "incompetent."

In this May 2002 file photo, Michael Skakel, right, enters the Norwalk Superior Court with his lawyer, Michael Sherman. Skakel will appear before a three-judge panel in Middletown to seek a reduction in his

The Skakel family has publicly blamed Michael "Mickey" Sherman for losing the case that sent Michael Skakel to prison for killing his Greenwich neighbor, Martha Moxley, in 1975. Sherman subsequently served prison time himself on charges of federal tax evasion.

But Sherman maintains, as he did throughout the trial in Norwalk a decade ago, that Skakel remains an innocent man.

"Having been his defense attorney, I'm sort of biased here because I don't believe he committed a crime in the first place," Sherman said.

"There is nobody that is a better candidate because he has never been a threat to society. He wasn't then and certainly isn't now," Sherman said. "I would like to believe the system will finally work and they will release him immediately."

Stephan Seeger, a Stamford attorney who worked with Sherman on Skakel's defense, said he thinks Skakel is being unfairly judged and overshadowed by his family's power and influence. Skakel, who is serving a term of 20 years to life, is the nephew of Robert F. Kennedy's widow, Ethel Kennedy.

Seeger said Skakel should be regarded like anyone else seeking parole. "He is an obvious candidate for parole," Seeger said, adding that for 25 years after Moxley's murder, Skakel was not a threat to society.

"If you take out `Kennedy cousin' from his background, he would be looked upon more fairly than he has to date," Seeger said. "He is an excellent candidate and should be granted parole."

Other legal experts, with no attachment to the case, predicted it is unlikely Skakel will win over the parole board.

"He has about the same chance of getting paroled as I do being elected president -- zero," said John R. Williams, a New Haven lawyer.

Williams' criminal defense career has included representing some of Connecticut's most notorious defendants, including members of Los Macheteros, a group demanding independence for Puerto Rico.

"This is far too high a profile case," Williams said. "And he's served far too short a time. It's inconceivable to me that he will be paroled."

Williams said he doesn't expect Skakel to "fess up" to the murder, which the parole board will want to hear. "That will be held against him. They always like to hear contrition," Williams said.

But Williams said if he were representing Skakel, he would spend a lot of time explaining the age of the case, that Skakel was a juvenile at the time of the crime and would have served a brief sentence if convicted as a juvenile. Additionally, Williams said he would stress that nothing in Skakel's life before or since the incident suggests he is capable of further violent acts.

Frank Riccio II, a Bridgeport criminal defense lawyer who has handled parole hearings, said he would avoid any new claim of innocence or defense because, for the parole board, that would fall on "deaf ears, given there has already been a trial and an appeal."

"My practice is to avoid revisiting the facts the accused stands convicted of, and instead stress the good deeds both prior and while in custody as well as his future plans for work and rehabilitation. ... I don't dwell on the past but offer a look into the future."

"Often the legal strategy is to lay the groundwork for the individual's second or third appearance."

Nevertheless, Meyer said a strong argument could be made for Skakel's accomplishments while in custody, working with other inmates. "That separates Skakel from many others in the system."

Meyer also noted that the notoriety of the crime may create a challenge for the parole board.

"(They) don't want it to appear that they are treating this defendant differently because of who he is when compared to any other defendant. So they will approach this very carefully."

Michael Fitzpatrick, a Bridgeport lawyer who is preparing for what could be one of the state's last death penalty cases, and a former president of the Connecticut Criminal Defense Lawyers Association, said it is rare that he would give any defendant a 50/50 chance on their first parole hearing. However, Skakel's case "closely approaches that number."

Fitzpatrick reasoned that Skakel "is not the type of defendant that's going to land the parole board on the front pages" for committing another violent crime.

"He is a real safe bet not to harm again if he is released," Fitzpatrick said.

Fitzpatrick said that if he were representing Skakel at the hearing, he would stress to the board that it has to consider his release based on their 1975 standards, when the crime was committed, not 2012 standards. So he would point out how much time was generally served by inmates back then, particularly juveniles since Skakel was only 15; what percentage of time those people served and how readily parole was granted to those people.

Fitzpatrick said he would also emphasize the collateral consequences on Skakel's life -- how difficult prison has been for him. "I suspect it has been brutal and he has had to suffer physical and mental harassment because of the notoriety."

Joseph Collarusso, a Stamford attorney, stressed that anyone handicapping the odds of Skakel's release should not discount the influence of the Moxley family, who are opposed to his release.

"Victims have a very large role to play in these matters," he said. "And my guess is they will continue to be very forceful in their opposition."